[HISTORY: Adopted by the Town Board of the
Town of Parma 3-8-1984. Amendments noted where applicable.]
The merchandising and/or soliciting of goods,
money or services in the Town of Parma may subject its inhabitants
to unscrupulous practice, annoyance and danger. The purpose of this
chapter is to provide for the licensing and regulation of persons
engaged in such activities in order that the peace, health, safety
and welfare of the Town and its inhabitants shall not be endangered
or unduly disturbed.
[Amended 5-16-2017 by L.L. No. 2-2017]
As used in this chapter, the following terms
shall have the meanings indicated:
Any person or entity who or which utilizes a pushcart, portable
food kiosk or similar vehicle to store, prepare, display, serve or
sell food or to distribute food free of charge to the public for consumption.
Includes any person or entity who or which engages in selling
or offering to sell any goods or services, or solicits contributions
of goods or moneys, by going from house to house, place of business
to place of business, or in any public street or public place, or
by temporarily occupying a room, building or other premises therefor.
It shall be unlawful for any person to act as
a peddler, vendor or solicitor within the Town of Parma without first
having obtained a valid license.
[Amended 5-18-1993; 9-7-2010 by L.L. No. 1-2010; 5-16-2017 by L.L. No. 2-2017]
A.
Every applicant for a license is required to submit to the Town Clerk
a written application supplying, under oath, the following information:
(1)
The name of the applicant.
(2)
The applicant's permanent home address.
(3)
The applicant's local address.
(4)
The name and address of the person or entity represented.
(5)
The length of time for which the license is required.
(6)
A description of the goods or services to be offered for sale.
(7)
The location or locations within the Town of Parma where the applicant's
activity will take place.
(8)
All felonies or misdemeanors with which the applicant has been charged,
and the disposition of each such charge. A background check from the
policing entity of the municipality where the applicant (or the individual
representing the applicant) resides will also be required.
(9)
A certificate of insurance listing the Town of Parma as certificate
holder.
(10)
A copy of a Monroe County Department of Health permit if preparing
and/or vending food.
(11)
Vehicle information, including year, make, model, color and
license plate number; a copy of the current vehicle registration.
(12)
Valid driver's license.
B.
The applicant must attach a letter of authorization from any person
or entity who or which the applicant purports to represent.
C.
Entities who want to have more than one representative must submit
an application for each individual. All the information requested
above must be provided for each representative.
Upon receipt of the application and the license
fee, if the Town Clerk is reasonably satisfied with the applicant's
qualifications, he or she shall issue a license to the applicant specifying
the goods or services to be offered for sale and the person or entity
which the applicant represents. This license shall be nontransferable
and shall be in the continuous possession of the licensee while the
licensee is acting as a peddler, vendor or solicitor. The license
shall be produced upon the demand of any Town official, prospective
buyer, police officer or sheriff.
The Town Clerk shall keep a record of the applicants,
the determinations thereon and of all licenses issued in accordance
with this chapter. The record shall contain all the information provided
in the application for the license, the amount of the license fee
paid and the date of revocation.
[Amended 5-18-1993]
Each license shall expire in accordance with
the terms of issuance and the expiration date shown thereon, but in
any event all licenses expire on the 31st day of December following
the date of issuance.
[Amended 5-18-1993]
The fees for licensing each person acting as
a peddler, vendor or solicitor shall be as established by resolution
of the Town Board from time to time and shall be part of the Town's
fee schedule.[1]
[1]
Editor's Note: The fee schedule is on file
in the Town offices.
A peddler, vendor or solicitor, whether licensed
or exempt from license pursuant to the provisions of this chapter,
shall:
A.
Not knowingly misstate the quality or quantity of
any article or service offered for sale.
B.
Not knowingly offer for sale any article of a defective
nature.
C.
Not call attention to his goods or services by blowing
a horn, shouting or issuing any loud or unusual noise.
D.
Keep the vehicle and/or receptacles used by him in
furtherance of his licensed business in a clean and sanitary condition.
E.
Keep his edible articles offered for sale well-protected
from dirt, dust and insects.
F.
Not stand, peddle or solicit on the premises of any
business establishment, shopping center or mall without the written
consent of the owner or his agent. Such written consent must be attached
to the license application.
G.
Not peddle, sell or solicit within 250 yards of any
school property between the hours of 8:00 a.m. and 4:00 p.m. on school
days.
H.
Not enter upon private property for the purpose of
peddling, selling or soliciting before the hour of 9:00 a.m. or after
9:00 p.m. of any day, except upon the invitation of the occupant.
I.
Not ring the bell or knock upon the door of any building
whereon there is a sign purporting to prohibit peddling or soliciting
on the premises.
J.
Not conduct or carry on any occupation or activity
for which a license is required herein on property owned by the Town
of Parma, or on any of the public streets within the Town of Parma.
K.
Not peddle, vend or solicit in any area zoned as a
GC District on a Friday between the hours of 2:00 p.m. and 10:00 p.m.
or on a Saturday between the hours of 10:00 a.m. and 10:00 p.m. It
is felt that these hours are the busiest hours in such areas and that
the prohibited activity poses a particular annoyance, a particular
disruption and potential threat to vehicular and pedestrian traffic,
and a particular danger to the individuals involved in this traffic.
[Amended 4-18-2000 by L.L. No. 1-2000]
L.
Food truck/cart vendors must display a Monroe County Department of
Public Health permit and a valid New York State sales tax certificate
while vending.
[Added 5-16-2017 by L.L. No. 2-2017]
A.
Licenses issued under the provisions of this chapter
may be revoked by the Town Board of the Town of Parma after notice
and hearing for any of the following causes:
(1)
Fraud, misrepresentation or any false statement contained
in the application for license.
(2)
Fraud, misrepresentation or any false statement made
in the course of carrying on the business of a peddler, vendor or
solicitor.
(3)
Any violation of this chapter.
(4)
Conviction of any crime or misdemeanor involving moral
turpitude.
(5)
Conducting the business of peddling in an unlawful
manner, or in such a manner as to constitute a breach of the peace
or a menace to the health, safety or general welfare of the public.
B.
The Town Clerk may temporarily suspend the license of any peddler, vendor, solicitor or food truck/cart vendor whenever the Town Clerk has reasonable cause to believe that the holder of the license has violated any provision of this chapter. Such suspension shall continue until a hearing is held by the Town Board and the Town Board has issued its determination thereon. See § 101-12, Exemptions.
[Amended 5-16-2017 by L.L. No.
2-2017]
C.
Notice of hearing for revocation of a license shall
be given in writing setting forth specifically the grounds of the
complaint and the time and place of the hearing. Such notices shall
be mailed to the licensee at his local address at least five days
prior to the date set for the hearing.
Any person aggrieved by the action of the Town
Clerk in the denial of the application for a license shall have the
right to appeal to the Town Board of the Town of Parma. Such appeal
shall be taken by filing a written statement setting forth fully the
grounds for the appeal. Such statement shall be filed within 14 days
after notice of the action complained of has been mailed to such person's
local address. The Town Board shall set a time and place for a hearing
on the appeal and notice of the hearing shall be mailed to the applicant
at his local address at least five days prior to the date set for
the hearing.
A.
The provisions of this chapter shall not apply to
the following:
(1)
Any person soliciting at the invitation of the person
solicited.
(2)
A wholesaler selling articles to dealers or merchants
who have an established place of business within the Town.
(3)
A child regularly attending a school and any member of a veteran's
organization, fraternal organization, civic group or church or religious
organization which maintains a chapter or local organization within
Monroe County; provided, however, that such child or member shall
carry on an otherwise regulated activity only in connection with an
authorized activity of the school which the child attends or organization
of which the individual is a member; and further provided that prior
to the commencement of such activity the school or organization for
which the activity is carried on shall notify the Town Clerk in writing
of the intention of such school or organization to conduct such activity
in the Town of Parma, together with a brief description thereof.
[Amended 5-16-2017 by L.L. No.
2-2017]
(4)
Any person engaged in the delivery of goods such as
bread, milk or newspapers, in the regular course of business to the
premises of those who had previously ordered the same.
(5)
Any person selling Christmas evergreens on property
where written permission has been granted by the owner or operators
of said property.
(6)
Accumulation sales of used household goods at the
private residence of the vendor, otherwise known as "garage sales."
The term of the sale shall be no more than four days in a calendar
year.
(7)
For the sale of fruits, vegetables or flowers at a
roadside stand located on the premises where the fruits, vegetables
or flowers are grown.
[Amended 5-18-1993]
(8)
Town-sponsored/recreation programs on Town park property will be
allowed subject to an approval process established by the Director
of Parks and Recreation and can be terminated at the discretion of
the Director of Parks and Recreation.
[Added 5-16-2017 by L.L. No. 2-2017]
B.
This chapter shall not apply so as to interfere unlawfully
with interstate commerce.
[Amended 4-18-2000 by L.L. No. 1-2000; 5-16-2017 by L.L. No. 2-2017]
The Monroe County Sheriff or any other law enforcement agency
shall have the power to enforce the provisions of this chapter.
[Amended 4-18-2000 by L.L. No. 1-2000]
Any person who shall act as a peddler, vendor
or solicitor without a license or who shall violate any of the provisions
of this chapter shall be guilty of an offense punishable by a fine
of not less than $50 nor more than $250, or imprisonment for not more
than 15 days, or both. Each day in which such violation continues
shall constitute a separate offense.[1]
[1]
Editor's Note: Former § 21-16, When
effective; alteration of fees, which immediately followed this section,
was repealed 4-18-2000 by L.L. No. 1-2000.
